Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Factual controversy---Scope---Grievances of the petitioners related to different agreements/instruments executed between them and the builder/developer at the time of booking of plots---So far as violation of the building rules and regulations and reluctance of developers to execute sub-leases in favour of the allottees and charging exorbitantly for gas and electricity provided to the project and non-action on the part of the official respondents was concerned, High Court observed that such aspects related by and large to the enforcement of terms and conditions of the agreements/documents signed between the petitioners and the developer, which also warranted adducing of evidence---In case the petitioners were being charged exorbitantly in respect of sui gas and electricity charges and the builder was minting money, the petitioners could approach relevant forum for redressal of their grievances in accordance with law---As far as the issue of loss being caused to the public exchequer, the petitioners could approach the Anti-Graft Agency with evidence which could examine the material presented before them and do the needful in accordance with law---Such aspects were based on the factual controversy requiring recording of evidence, which exercise could not be undertaken by the High Court under Art.199 of the Constitution---Constitutional petition was dismissed. ORDER AHMED ALI M. SHAIKH, CJ.----Through instant petition, Petitioners seek indulgence of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. Petitioners claimed to be bona fide lawful allottee/residents of villas/bungalows/apartment, of the Project Saima Arabian Villa’s (hereinafter referred to as ‘the Project’) situated at survey Nos.72 to 76 and 78 to 81, Deh Jam Chakro, Tapo Manghopir, Gadap Town, Karachi. They booked different units and after final payment, including clearance of dues, possession letters with NOCs for shifting, etc were issued to them by the Saima Real Estate Builders and Developers, Karachi. The Project was initiated in the year 2010 and as per the NOC dated 17.04.2010 the…

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